Can an order of the Board be stayed pending judicial review?

Study for the BOPC Maryland Law Assessment Test. Revise with flashcards and multiple choice questions, with hints and explanations available. Prepare yourself thoroughly!

An order of the Board cannot be stayed pending judicial review. This principle is significant in the context of administrative proceedings and judicial review processes. The rationale behind this is often grounded in the need for finality and certainty in administrative actions. Staying an order would delay the implementation of the Board's decision, which could undermine the authority and effectiveness of the Board.

Judicial review is meant to assess the legality of the Board's decision after it has been made, not to halt its implementation while the review is underway. Allowing stays in such situations could lead to protracted uncertainty and could potentially disrupt the regulatory framework that the Board is responsible for enforcing.

In summary, the correct answer stems from the default position that the orders of administrative bodies such as the Board are intended to be executed unless there is a compelling legal basis to temporarily suspend their effect, which is not typically present in the context of judicial review.

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